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Home My WebLink About20020722.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT AND QUIT CLAIM DEED FOR THE TRANSFER OF PORTIONS OF WELD COUNTY ROADS 19 AND 42, ASSUMPTION OF MAINTENANCE AND ANNEXATION THEREOF, TO AND BY THE TOWN OF MILLIKEN, AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Town of Milliken ("Milliken") desires to annex a portion of Weld County Roads ("WCR's") 19 and 42, being adjacent to the Somerset Ridge Estates Second Annexation in the West half of Section 27, Township 4 North, Range 67 West of the 6th P.M., to complete Milliken's annexation of the entire widths of said portions of said roadways, and WHEREAS, Milliken has submitted to the Board of County Commissioners an Intergovernmental Agreement to transfer said portion of WCR's 19 and 42 by quit claim deed to Milliken, so that Milliken will then be able to expedite such annexation, and WHEREAS, said Intergovernmental Agreement requires Milliken to maintain the entire widths of said portions of WCR's 19 and 42 after the date of recording of the quit claim deed, and WHEREAS, the Board of County Commissioners deems it advisable to approve said Intergovernmental Agreement and quit claim deed, and authorize the Chairman to sign both. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Agreement for the Transfer of Portions of Weld County Roads 19 and 42, Assumption of Maintenance and Annexation Thereof, to and by the Town of Milliken and associated quit claim deed be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board of County Commissioners that the Chairman be, and hereby is, authorized to sign both documents and that the Clerk to the Board is directed to record such quit claim deed after the Chairman's signing thereof. 2002-0722 yoe ' AV/ !/.//c 77 EG0046 RE: APPROVE INTERGOVERNMENTAL AGREEMENT AND QUIT CLAIM DEED FOR THE TRANSFER OF PORTIONS OF WELD COUNTY ROADS 19 AND 42, ASSUMPTION OF MAINTENANCE AND ANNEXATION THEREOF - TOWN OF MILLIKEN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of March, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORADO ATTEST: i�/�• _ _` Gle aad, \haiir Weld County Clerk to the Board c� cp BY: c 6 1,<1 David . Lon Pro-Tern Deputy Clerk to the Board ��y M. J. G-ile 7ROVED TO FO : —4(Ltj William H. Jerke o A orn y EXCUSED Robert D. Masden Date of signature: 2002-0722 EG0046 868 INTERGOVERNMENTAL AGREEMENT FOR THE TRANSFER OF PORTIONS OF WELD COUNTY ROADS 19 AND 42, ASSUMPTION OF MAINTENANCE AND ANNEXATION THEREOF, TO AND BY THE TOWN OF MILLIKEN THIS AGREEMENT is entered into this 25th day of March, 2002, by and between the Town of Milliken, a municipal corporation of the State of Colorado, whose address is 1101 Broad Street, P.O. Drawer 290, Milliken, CO 80543, hereinafter referred to as "Town," and the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is 915 10th Street, P.O. Box 758, Greeley, Colorado 80632, hereinafter referred to as "County." WITNESSETH: WHEREAS, previously, Town annexed the West Half of Section 27, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, through its "Somerset Ridge Estates Second Annexation," with said annexation including the south 30 feet of Weld County Road ("WCR") 42 and the east 30 feet of WCR 19, and WHEREAS, because the annexation of said portions of WCR's 19 and 42 by and through the Somerset Ridge Estates Second Annexation created split maintenance responsibilities of said roadways, County now desires to transfer, by quit claim deed, to Town ownership and all of County's maintenance responsibilities for the stretches of WCR's 19 and 42 described above, and WHEREAS, Town agrees to accept said ownership and maintenance responsibilities upon execution of said quit claim deed by County, with the intent that Town will then annex said stretches of WCR's 19 and 42 by and through the "Somerset Ridge Estates Third Annexation," and WHEREAS, such Agreements are authorized by C.R.S. § 29-1-203 and Colorado Constitution Article XIV, § 18(2)(a). NOW, THEREFORE, in consideration of the mutual promises and covenants stated herein, the parties hereto agree as follows: 1. COUNTY AGREES: a. To deed, by quit claim deed, to Town the north 30 feet of WCR 42 and the west 30 feet of WCR 19, both being adjacent to the Somerset Ridge Estates Second Annexation. A description of said stretches of WCR 19 and 42 is attached hereto and incorporated herein as Exhibit "A." Said quit claim deed shall be approved by the Board of County Commissioners of Weld County and signed by the Chairman thereof in accordance with its Page 1 of 3 Pages 111111 111111111111 11111111111111111111 III11111 II11111I 2939858 04/04/2002 11:20A JA Suki Tsukamoto 1 of 4 R 0.00 D 0.00 Weld County CO regular procedure, then recorded in the Office of the Weld County Clerk and Recorder. b. To waive its right to receive an annexation impact report for the annexation of said stretches of WCR 19 and 24, by and through the "Somerset Ridge Estates Third Annexation." 2. TOWN AGREES: a. To approve a petition for annexation to the Town for the annexation of the north 30 feet of WCR 42 and the west 30 feet of WCR 19 adjacent to the West Half of Section 27, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, as per the description set forth in Exhibit "A." Town shall maintain the entire width of said stretches of WCR's 19 and 42 after the date of recording of the quit claim. b. To accept ownership of the north 30 feet of WCR 42 and the west 30 feet of WCR 19 adjacent to the West Half of Section 27, Township 4 North, Range 67 West of the 6`h P.M., Weld County, Colorado, as per the description set forth in Exhibit"A," upon the signing and recording of the quit claim deed as contemplated in Subparagraph l.a., above. 3. SEVERABILITY: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision to the extent that this Agreement is then capable of execution within the original intent of the parties hereto. 4. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. Page 2 of 3 Pages 1111111111 IIIIIII 1111,11,120111119s111,1,1111.1110,1°111 III IIII 293f8 48 R0401000120:20.00, 0 0100/2 0.001 Weld County CO uka 5. MODIFICATION AND BREACH: This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. IN WITNESS WHEREOF, the parties hereto have signed this Agreement the 25ttday of March 2002. ATTEST: TOWN OF MILLIKEN, a municipal vjN;op,/,,, Corporation of the State of Colorado B \ \ Z ` rc A `<m y: mda ref Mayor y - � �� c �- _ B � � ��t��ca,�rif an= e Fornof, Town _ : .2 Meas y r ATTEST: fauth,� �. .;-.:.-,r• �- ��`� COUNTY OF WELD, a political Weld County Clerk to the 'ar. „ ' i subdivision of the STATE OF nub 1861 ( QO' COLORADO By: ov��% r !,�� , � By: AL /44,0A Deputy Clerk to the Boar. Glenn Vaad, Chairman (03/25/2002) Page 3 of 3 Pages 11111 31111111111111111 111111 III 11111 IIII I'll 2939858 04/04/2002 11:20A JA Suki Tsukamoto 3 of 4 R 0.00 0 0.00 Weld County CO Exhibit "A" A parcel of land situate in the SE'/4 of Section 21, SW'/4 of Section 22, and the East %z of Section 28, Township 4 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Bearings are based on the northerly line of the Northeast Quarter of Section 27, Township 4 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, as bearing N 89°05'21" W, as determined from grid azimuth, and with all bearing contained herein relative thereto. BEGINNING at the North Quarter corner of said Section 27; THENCE N 00°22'49" W, 30.01 feet to the northerly right-of-way of Weld County Road 42; THENCE along said right-of-way N 89°05'09" W, 2665.87 feet to a point on the westerly right-of-way of Weld County Road 19; THENCE along said right-of-way S 00°58'20" E, 2667.48 feet; THENCE continuing along said right-of-way S 00°46'39" E, 2638.57 feet to a point on the southerly line of Section 27 extended; THENCE along said Section line S 89°03'05" E, 30.01 feet to the Southwest Corner of section 27; THENCE N 00°46'39" W, 2639.53 feet to the West Quarter corner of Section 27; THENCE N 00°58'20" W, 2636.52 feet to the Northwest corner of Section 27; THENCE S 89°05'09" E, 2635.54 feet to the POINT OF BEGINNING. Said tract containing 5.47 acres, more or less. 111111111111111111111111 II 1111111111111 III 11111 IIII IIII 2939858 04/04/2002 11:20A JA Suki Tsukamoto 4 of 4 R 0.00 D 0.00 Weld County CO 531 QUIT CLAIM DEED THIS DEED is made this 25thday of March , 2002, between Weld County, Colorado, a body politic and corporate of the State of Colorado of the first part, and the Town of Milliken, a municipal corporation of the State of Colorado, whose address is 1101 Broad Street, P.O. Drawer 290, Milliken, CO 80543, of the second part. WITNESSETH, that the said party of the first part, for and in consideration of the sum of One Dollar($1.00) and other good and valuable consideration, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the parcels of land situate, lying and being in the County of Weld and State of Colorado, to wit: All of the real property described in the attached Exhibit"A." TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. IN WITNESS WHEREOF, I, Glenn Vaad, Chairman of the Board of County Commissioners of said County of Weld, State of Colorado, on behalf of said County and by virtue of the Order contained in the Resolution made by said Board of County Commissioners on the 25thday of March , 2002, have hereunto set my hand and affixed the seal of said County this 25th day of March , 2002, for the uses and purposes therein set forth. ATTEST: ) ki �� "��// COUNTY`` COLORADO, BODY POLITIC AND CLERK TO THE BOAR I f a � CORPORATE OF THE STATE OF COUNTY COMMISSIO jt' : >c$'t.%? j COLORADO et WA BY: ( •'tom , , L • e\ BY:S, Deputy Clerk to the Board Glenn Vaad, Chairman (03/25/2002) STATE OF COLORADO ) County of Weld ) ss. The foregoing instrument wa a ore me this 25thday of March ,2002, by Glenn Vaad, as Chairman of the.: 4 of Cou missioners of the County of Weld, State of Colorado. : _=DONNA J. C7 t BECHLER Witness my hand and offici.\:,t &this25,.. 9J March , A.D., 2002. FOFOO�� 1 My commission expires: MYeiMala MikaAfllu,t / 1 ?L 'J1�� ia .FltFs.wa ,ll,... a 1 111111 11111 1111111 11111 11111111 111111 III 11111 1111 IiII 2939531 04/03/2002 11:39A JA Suki Tsukamoto 1 of 2 R 0.00 D 0.00 Weld County CO arc _C 42,2 Exhibit "A" A parcel of land situate in the SE'A of Section 21, SW'/ of Section 22, and the East %2 of Section 28, Township 4 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Bearings are based on the northerly line of the Northeast Quarter of Section 27, Township 4 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, as bearing N 89°05'21" W, as determined from grid azimuth, and with all bearing contained herein relative thereto. BEGINNING at the North Quarter corner of said Section 27; THENCE N 00°22'49" W, 30.01 feet to the northerly right-of-way of Weld County Road 42; THENCE along said right-of-way N 89°05'09" W, 2665.87 feet to a point on the westerly right-of-way of Weld County Road 19; THENCE along said right-of-way S 00°58'20" E, 2667.48 feet; THENCE continuing along said right-of-way S 00°46'39" E, 2638.57 feet to a point on the southerly line of Section 27 extended; THENCE along said Section line S 89°03'05" E, 30.01 feet to the Southwest Corner of section 27; THENCE N 00°46'39" W, 2639.53 feet to the West Quarter corner of Section 27; THENCE N 00°58'20" W, 2636.52 feet to the Northwest corner of Section 27; THENCE S 89°05'09" E, 2635.54 feet to the POINT OF BEGINNING. Said tract containing 5.47 acres, more or less. II VIII IIIIIII VIII VIII IIII IIIIII III VIII IIII IIII 939 31 0410312002 » 2 of 2 R 0.00 D 0.00 Weld County CO Hello